85R6690 KFF-D
By: Smithee H.B. No. 3631
A BILL TO BE ENTITLED
AN ACT
relating to establishing a guardianship compliance program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 72, Government Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. GUARDIANSHIP COMPLIANCE PROGRAM
Sec. 72.121. DEFINITIONS. In this subchapter:
(1) "Guardianship proceeding" has the meaning
assigned by Section 1002.015, Estates Code.
(2) "Program" means the guardianship compliance
program established by this subchapter.
Sec. 72.122. ESTABLISHMENT OF PROGRAM. (a) The office
shall establish and maintain a guardianship compliance program
designed to provide additional resources and assistance to courts
that have jurisdiction over guardianship proceedings by:
(1) engaging guardianship compliance specialists who
shall:
(A) review the guardianships of wards and
identify reporting deficiencies by guardians;
(B) audit annual accounts required to be filed by
guardians under Chapter 1163, Estates Code, or other law and report
their findings to the appropriate courts;
(C) work with courts to develop best practices in
managing guardianship cases; and
(D) report any concerns relating to a ward's
well-being or to the potential financial exploitation of a ward
discovered as a result of the specialists' work under this section
to the appropriate courts; and
(2) maintaining an electronic database to monitor
filings of:
(A) inventories, appraisements, and lists of
claims required under Chapter 1154, Estates Code, or Section
1203.203, Estates Code;
(B) annual reports required under Section
1163.101, Estates Code; and
(C) any other reports and accounts required of
guardians under Chapter 1163, Estates Code, or other law.
(b) A court is required to participate in the program,
including allowing guardianship compliance specialists to conduct
reviews and audits under the program, if the court is selected by
the office to participate in the program.
(c) A court may apply to the office in the manner and form
prescribed by the office for participation in the program.
Sec. 72.123. NOTIFICATION OF STATE COMMISSION ON JUDICIAL
CONDUCT. The director may notify the State Commission on Judicial
Conduct in writing if the office has reason to believe that a
judge's actions or failure to act with respect to a report received
from a guardianship compliance specialist indicating a concern
described by Section 72.122(a)(1)(D) constitutes judicial
misconduct.
Sec. 72.124. ANNUAL REPORT. Not later than January 1 of
each year, the office shall submit a report to the legislature
regarding the performance of the program. The report must include:
(1) the number of courts involved in the program;
(2) the number of guardianships reviewed by
guardianship compliance specialists;
(3) the number of reviewed guardianship cases found to
be out of compliance with statutory reporting requirements;
(4) the number of cases reported to a court because of
concerns relating to a ward's well-being or to the potential
financial exploitation of a ward; and
(5) the status of any technology developed to monitor
guardianship cases for purposes of the program.
SECTION 2. This Act takes effect September 1, 2017.